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City of Everett
<br />UP 3813 – WFP Air Scour Blower Building Replacement
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<br />Section 00 5213 - 3
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<br />6. Compliance with Employment and Wage Laws. Contractor agrees to comply with
<br />all state and federal laws relating to the employment of labor and wage rates to be paid.
<br />7. RCW 35.33.650. Contractor shall actively and in good faith solicit the employment
<br />of minority group members and bids for the supply of goods or subcontracting of
<br />services from qualified minority businesses. Contractor shall consider granting contracts
<br />to possible minority suppliers and subcontractors on the basis of substantially equal
<br />proposals in the light most favorable to the minority businesses. Contractor shall furnish
<br />evidence of its compliance with these requirements. As used in this section, the term
<br />“minority business” means a business at least fifty-one percent (51%) of which is owned
<br />by minority group members. Minority group members include, but are not limited to,
<br />African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and
<br />Hispanic-Americans.
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<br />8. Indemnification.
<br />A. Contractor will defend, indemnify and hold harmless the City from any and all Claims
<br />arising out or relating to any acts, errors, omissions, or conduct by Contractor in
<br />connection with its performance of this Contract, including without limitation (and without
<br />limiting the generality of the foregoing) all Claims resulting from Contractor’s
<br />performance of, or failure to perform, its express and implied obligations under the
<br />Contract. The Contractor will defend and indemnify and hold harmless the City whether
<br />a Claim is asserted directly against the City, or whether a Claim is asserted indirectly
<br />against the City, e.g., a Claim is asserted against someone else who then seeks
<br />contribution or indemnity from the City. The amount of insurance obtained by,
<br />obtainable by, or required of the Contractor does not in any way limit the Contractor’s
<br />duty to defend and indemnify the City. The City retains the right to approve Claims
<br />investigation and counsel assigned to said Claim and all investigation and legal work
<br />regarding said Claim shall be performed under a fiduciary relationship to the City. This
<br />Section 8 is in addition to any other defense or indemnity or hold harmless obligation in
<br />the Contract Documents.
<br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused
<br />by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim,
<br />and (2) such Claim is caused by or results from the concurrent negligence of (a) the
<br />Contractor and (b) the City, then the Contractor’s liability under this Section 8 shall be
<br />only to the extent of the Contractor’s negligence.
<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and
<br />representatives; (2) “Claims” include all losses, claims, demands, expenses (including,
<br />but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage,
<br />whether threatened, asserted or filed against the City, whether such Claims sound in
<br />tort, contract, or any other legal theory, whether such Claims have been reduced to
<br />judgment or arbitration award, irrespective of the type of relief sought or demanded
<br />(such as money or injunctive relief), and irrespective of the type of damage alleged
<br />(such as bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages); and (3) “Contractor” includes Contractor, its
<br />employees, agents, representatives and subcontractors. If, and to the extent,
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